Lawrence Hurley

WASHINGTON (Reuters] – A draft U.S. Supreme Court ruling that overturned the controversial Roe v. Wade abortion rights decision is leaked. It shows a now-struggling body under increasing pressure from its more assertive conservative majority, which seeks to change the law on a variety of key issues.

Now, the court’s reputation for being a mature branch of government has begun to deteriorate. The court was intended to be nonpartisan, but this latest disclosure was just one of many scandals that have ensnared it.

Democrats are shaming Conservative Justice Clarence Thomas over his role as a vocal supporter for Republican Former President Donald Trump. This includes his attempts to overturn Trump’s 2020 defeat on false claims that widespread voting fraud.

Justice Neil Gorsuch was one of three Trump appointees that helped to build a conservative majority of 6-3 on the court. He was also the first person in the courtroom who did not wear a mask during the Omicron coronavirus surge. It took the court a whole day to confirm that Justice Stephen Breyer had retired from liberal justice.

Carolyn Shapiro of Chicago-Kent College of Law said that the unusual leak of a draft opinion, which would invalidate a almost 50-year-old precedent, adds to an atmosphere of unease within court’s marble corridors. Shapiro was previously a Breyer clerk.

Shapiro commented, “It seems as if the longstanding norms and institutions are under severe pressure.” It appears that the polarization in this country is also being felt on the court.

The identity of the leaker has not yet been revealed. Only a few people have access, such as law clerks for nine justices, court administrative personnel and the justices.

On Tuesday, Chief Justice John Roberts announced an internal investigation.

Roberts stated, “To the extent that this betrayal by the confidants of the court was intended for undermine the integrity of operations, it won’t succeed.”

‘VERY TROUBLING’

Richard Garnett from the University of Notre Dame Law School, a former clerk to the conservative Chief Justice William Rehnquist called it “very troubling” that anyone would break the rule regarding the confidential nature of justices’ proceedings.

As factions try to achieve their ends, leaks can be common at the White House or Congress. However, the court has long been immune from these actions. Justices over the years have repeated their belief that they are above politics, and maintained friendships with each other despite differences in ideology.

Gorsuch and Justice Sonia Sotomayor, liberals, said that although they may disagree on the law from time to time, they are good friends and warm colleagues. This statement was made in January following media reports that Sotomayor had requested that he wear a mask because of his diabetes, which is an indicator for COVID-19 complications.

By June’s end, the justices will issue both an abortion ruling and another in a case which gives the conservative justices the chance to significantly expand gun rights. The conservative justices have also taken up an appeal that allows them to stop policies universities use to increase Hispanic and Black student enrollment.

In January, the conservative majority blocked Democratic President Joe Biden’s COVID-19 nationwide vaccine-or test requirement for large business. Last year Texas allowed Texas to enforce a law which circumvented Roe v. Wade. It let private citizens enforce the Republican-backed state ban on abortion within six weeks.

Liberals still resent Republicans’ actions to allow Trump to appoint three justices — Gorsuch, Brett Kavanaugh, and Amy Coney Barrett– during his four-year tenure, pushing the court leftward.

When Republicans controlled the Senate they refused to accept a nominee from 2016 by Trump’s Democratic predecessor Barack Obama as a candidate for a court seat. Instead, the seat was held open until 2017, so that Trump could fill the vacancy. The Republicans then quickly confirmed a replacement to the liberal Justice Ruth Bader Ginsburg, days before Trump’s defeat in 2020.

Some Republicans blamed the political left, without providing evidence.

David Pozen, a Columbia Law School professor, said that while there is no criminal law prohibiting the leakage of draft judicial opinions, other federal laws may apply. This includes one against theft or “things worth” to U.S. governments. Pozen stated that leaks by government agencies are not often prosecuted. Moreover, classified information implicating national safety is rarely involved. If the leaker is identified, they could be fired or face additional repercussions, including losing their job.

Pozen stated, “I cannot imagine there will be criminal charges.”